Legal Opinion

Garsaud v. Commissioner

United States Tax Court

Decided August 30, 1957No. Docket No. 61354PublishedCited by 11 opinions

Held, petitioner, who was separated from his spouse under a decree of separation a mensa et thoro in 1951, is not entitled to an exemption credit of $ 600 for his spouse under section 25 (b) (1) (A), I. R. C. 1939, and is not entitled to a deduction under section 23 (x), I. R. C. 1939, for medical expenses incurred by his spouse and paid by him in 1951; held, further, petitioner is liable for an addition to tax under section 294 (d) (1) (A), I. R. C. 1939, for failure to…

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Held, petitioner, who was separated from his spouse under a decree of separation a mensa et thoro in 1951, is not entitled to an exemption credit of $ 600 for his spouse under section 25 (b) (1) (A), I. R. C. 1939, and is not entitled to a deduction under section 23 (x), I. R. C. 1939, for medical expenses incurred by his spouse and paid by him in 1951; held, further, petitioner is liable for an addition to tax under section 294 (d) (1) (A), I. R. C. 1939, for failure to file a declaration of estimated tax for the year 1951; held, further, petitioner is liable for an addition to tax under…

1Opinion of the Court

OPINION.

Mulroney, Judge:

Respondent determined deficiencies in petitioner’s income tax and additions to tax for the year 1951 as follows:

Deficiency in income tax_$437. 01

Addition to tax (sec. 294 (d) (1) (A))- 40.03

Addition to tax (sec. 294 (d) (2))- 26.68

Thé issues are (1) whether petitioner is entitled to an exemption of $600 for Elizabeth Garsaud under section 25 (b) (1) (A) of the 1939 Internal Revenue Code;1 (2) whether petitioner is entitled to a deduction in the amount of $1,618.35 for medical expenses paid by him but incurred by Elizabeth Garsaud in 1951; (3) whether petitioner is…

2Cases cited7 opinions

  1. Fuller v. CommissionerUnited States Tax Court · 1953
  2. Fuller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
  3. Eccles v. CommissionerUnited States Tax Court · 1953
  4. Commissioner of Internal Revenue v. EcclesCourt of Appeals for the Fourth Circuit · 1953
  5. Dauterive v. SternfelsLouisiana Court of Appeal · 1935

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commissioner v. AckerSupreme Court of the United States · 1959
  2. Fred N. Acker v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
  3. J. D. Abbott and Kathryn Abbott v. Commissioner of Internal Revenue, Carl M. Wolfe and Mary E. Wolfe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  4. Kenneth T. Sullivan v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
  5. Sullivan v. CommissionerUnited States Tax Court · 1957

6 more not listed; retrieve them via the Exa API.

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